Penalties

You are legally required to meet all your Environmental Management Charge obligations such as maintaining appropriate records and providing information and payments by the due dates.Permits may be suspended and ultimately revoked if permit holders do not meet their obligations.

What are my timelines?

Permit holders collect EMC data on a daily basis over the three months of the quarter. The EMC timelines then allow permit holders one month to collate this data and submit it to the GBRMPA along with the required remitted charges. The absolute final date for the submission of logbooks and payment is the last day of the month following the end of the quarter. However, the GBRMPA encourages permit holders to meet their EMC obligations prior to this date.

Both logbooks and payments received after the final due date immediately incur a Late Payment Penalty (LPP) which is detailed below. Failure to meet EMC obligations may lead to the suspension of the permit and subsequent revocation of the permit.

What if I pay late?

If you fail to pay the EMC by the due date you will be liable to pay a Late Payment Penalty (LPP).

The LPP is calculated as the greater of either $250 or 20 percent per annum of the amount owing, calculated from the due date of payment.

Can I lose my permit?

Permits may be suspended if the permit holder fails to comply with the Regulations requiring the provision of information, Charging Returns, logbook pages and payments. It is illegal for you to operate in the Great Barrier Reef Marine Park if your permit is suspended.

If your permit has been suspended because your logbook sheets, returns, and/or payment have not been submitted by the due date, you must submit the paperwork and payment and pay a reinstatement fee of $120 to end the suspension of your permit.

Permits may be revoked 10 business days after a permit is suspended if the outstanding EMC requirements have not been met. This would mean that you no longer have a permit to operate in the Marine Park.

Are there court imposed penalties?

The Court may impose the following penalties:

Failure to give information or returns: maximum penalty $4400 for an individual and $22 000 for a corporation

Failure to pay collected amount to the GBRMPA: maximum penalty $1100 for an individual and $5 500 for a corporation

Failure to collect a charge from a visitor: maximum penalty $5500 and $27 500 for a corporation

Not keeping proper records: maximum penalty $5500 and $27 500 for a corporation

Not retaining records for two years: maximum penalty $5500 and $27 500 for a corporation

Not recording information in the logbook supplied or in a form approved by the GBRMPA: maximum penalty $5500 and $27 500 for a corporation.

All figures are valid as at 1 January 2011.

False and misleading information breaches are dealt with under the Crimes Act 1914.

Infringement notices

You could be issued with an infringement notice for breaches of record keeping requirements. In this case, breaches are dealt with by an 'on the spot fine' instead of progressing the matter through the Court. However, you may elect to have the matter dealt with by the Court.

Infringement Notices may be issued for:

Not keeping proper records: penalty $550

Altering records to claim exemption: penalty $770

Not retaining records for two years: penalty $550

Not recording information in the logbook supplied or in a form approved by the GBRMPA: penalty $550.